Regulation of Fuels and Fuel Additives: Removal of Reformulated Gasoline Oxygen Content Requirement and Revision of Commingling Prohibition To Address Non-Oxygenated Reformulated Gasoline; Partial Withdrawal; Correction

On February 22, 2006, the EPA issued a direct final rule for the removal of the reformulated gasoline (RFG) oxygen content requirement and the revision of the RFG commingling prohibition to address non-oxygenated reformulated gasoline. We stated in the direct final rule that if we received adverse comment by March 24, 2006, EPA would publish a timely withdrawal notice in the Federal Register informing the public that the portions of the rule on which adverse comment were received were withdrawn. We subsequently received adverse comment on the provisions designed to remove the oxygen content requirement for RFG and are, therefore, withdrawing those provisions. We will address the adverse comment in a subsequent final action based on the parallel proposal published on February 22, 2006 (71 FR 9070). As stated in the parallel proposal, we will not institute a second comment period on this action. The portions of the direct final rule that are not withdrawn (i.e., provisions relating to the commingling prohibition) will become effective on May 5, 2006. We are also making one correction to the amendatory language in the February 22, 2006 direct final rule.